Ismail Khan J:

The respondent had executed two charges over her land comprised in Negri Sembilan Certificate of Title No. 9090 for Lot No. 6444 Town and District of Seremban in favour of the applicant, a moneylender, as security for two sums of $6,700 and $4,000 lent to her. The two charges were executed on 6 October and 14 November 1961, respectively. In these proceedings the applicant seeks to enforce his security, the respondent having made default in payment of the sums due in respect of the two charges.

The application is resisted on several grounds, one of them being that the matter is res judicata. It was agreed that this plea of res judicata should be dealt with first. It was pointed out by Mr. Ponniah for the respondent that the applicant had brought a similar application in Originating Summons No. 62 of 1962 which was dismissed and that such dismissal precluded a fresh action. To invoke the doctrine of res judicata the respondent has to show that there was a former suit between the same parties for the same matter and upon the same cause of action, and also that the matter directly and substantially in issue has been heard and finally decided by the Court which